Details for TRUSTEE'S NOTICE OF SALE WHEREAS
TRUSTEE'S NOTICE OF SALE
WHEREAS, by Deed of Trust dated the 5th day of July, 2012, of record in Trust Deed Book 859, page 348, Register's Office of Coffee County, Tennessee, Daniel B. Johnson did convey in trust, the tract of land hereinafter described to secure the payment of the indebtedness described therein to Southern Community Bank (now SmartBank, successor by acquisition of Southern Community Bank); and
WHEREAS, RICHARD W. GABRIEL has been appointed Substitute Trustee according to the provisions of said Deed of Trust by instrument recorded in Trust Deed Book 1055, page 69, Register's Office, Coffee County, Tennessee; and
WHEREAS, default has been made in the payment of said indebtedness now due, and the holder and owner of said note has declared the entire balance, now due and payable, and instructed the undersigned to foreclose the said Deed of Trust.
NOW, THEREFORE, by virtue of the authority vested in me as Substitute Trustee under said instrument, I will, on the 27th day of August, 2019, offer for sale and sell at the front door of the Coffee County Administrative Plaza, Entrance to Register of Deeds at 1327 McArthur Drive in Manchester, Tennessee at 11:30 a.m. to the last, highest, and best bidder for cash in hand, and in bar of equity of redemption, homestead and dower, and all other exemptions of every kind which are expressly waived in said Deed of Trust, the following described tract of land situated in the 9th Civil District of Coffee County, Tennessee, and being more particularly described as follows:
Parcel 1: Being all of Lot No. 40 and the southeast part of Lot 39 of the Golf Course Addition Extension according to a map or plat thereof of record in Trust Deed Book 113, page 434, Register's Office, Coffee County, Tennessee. Said property being more particularly described as follows: Beginning at an iron pin located in the southeast margin of Woodland Court, said iron pin being the northwest corner of Lot No. 41 and the northeast corner of Lot No. 40 and running south 38 deg. 17 min. east 193.42 feet to a stake; thence south 52 deg. 00 min. west along the rear lot lines of Lot 40 and Lot 39, 247.8 feet to an iron pin; thence north 29 deg. 00 min. west 140 feet more or less to an iron pin; thence north 39 deg. east 122.5 feet to a point in a cul-de-sac; thence running with the curvature of said cul-de-sac (a 50 foot radius) to an iron pin located in the southeast margin of Woodland Court and at the commencement of said cul-de-sac; thence running north 39 deg. 15 min. east 26.0 feet to an iron pin, the same being the northeast corner of Lot 40, the same being the point of beginning.
Parcel 2: Beginning at a point in the northeasterly corner of Lot 41 of the Golf Course Extension in the southerly margin of Woodland Court; thence in a northeasterly direction to the center line of Woodland Court; thence in a westerly direction with the center line of Woodland Court to a point in the westerly margin of a cul-de-sac at the southwesterly end of Woodland Court; thence in a southerly and easterly direction with an arc along the cul-de-sac and along the southerly margin of Woodland Court to the point of beginning.
Being the same property conveyed to Daniel B. Johnson and wife, Loretta G. Johnson, by deed of record in Deed Book 327, page 309, Register's Office of Coffee County, Tennessee. Further being the same property conveyed to Daniel B. Johnson by Quitclaim Deed from Loretta G. Johnson, of record in Deed Book 349, page 680, Register's Office, Coffee County, Tennessee.
This property has an address of Lot 39 and 40 Woodland Court, Tullahoma, Tennessee 37388. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
Said property will be sold subject to any and all current and unpaid taxes and other assessments, any prior liens or encumbrances, any priority created by fixture filing, and any easements, right of ways, restrictions, any rights of parties in possession and under any leases, and any matters noted on any applicable plat and/or survey. Other interested parties: TENNESSEE DEPARTMENT OF REVENUE, Collection Services Division, and Loretta G. Johnson.
Pursuant to Tennessee Code Annotated Section 35-5-104 the undersigned Substitute Trustee hereby gives notice that a Notice of State Tax Lien, dated February 5, 2019, has been filed against Daniel B. Johnson, in Lien Book 39, page 230, Register's Office of Coffee County, Tennessee. The undersigned Substitute Trustee affirmatively states that 1) the notice to the State of Tennessee required by TCA 67-1-1433(b)(1) has been timely given, and 2) the sale of the above described property will be subject to the right of the State of Tennessee to redeem the land as provided in TCA 67-1-1433(c)(1).
Said sale is made subject to all oral announcements made at the sale, and the right is reserved to adjourn the day of sale to another date certain without further publication, upon announcement at the time set above. This sale may be rescinded at any time. The property is sold as is, where is, and without representations or warranties of any kind, including fitness for a particular use or purpose.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
This the 31st day of July, 2019.
/s/ Richard W. Gabriel RICHARD W. GABRIEL
HENRY, MCCORD, BEAN, MILLER, GABRIEL,
& LaBAR, P.L.L.C.
Attorneys at Law
300 North Jackson Street
Tullahoma, Tennessee 37388